Author Archives: Jay Butchko
Hearing Loss – The Most Common Work Related Illness in the U.S.
Work related hearing loss is often overlooked and undetected by employees and employers. Many workers don’t even realize that work related hearing loss is a compensable injury under the Pennsylvania Workers’ Compensation Act. The Center for Disease Control (CDC) has found that hearing loss is the third most common chronic physical condition in the… Read More »
Happy Labor Day!
Happy Labor Day! To all of the hard working Americans and the American Labor Movement, thanks for your efforts in allowing us all to achieve the American Dream! Ira Weinstock, P.C.
Harley-Davidson Announces Layoffs in York County
On August 31, 2016, Harley-Davidson announced it was laying off, between 100 to 200 employees at the York facility. According to an article in “The Street”, the full year’s projected shipped motorcycles will be off by approximately 5,000 units. That same article states that both full time and casual employees will be part of… Read More »
Pennsylvania Construction Workers and Employee Misclassification
Many employers in the Pennsylvania building trades will attempt to classify employees as “independent contractors” to avoid paying taxes on their wages as well as other potential liabilities such as workers compensation. The Construction Workplace Misclassification Act, 43 P.S. §§ 933.1 – 933.17 (“Act 72” or “The Act”), went into effect on February 10,… Read More »
Pennsylvania Medical Marijuana and Social Security Disability Claims
Yes, it can. In April, the Pennsylvania Legislature passed SB3, now Act 16 of 2016, authorizing a medical marijuana program in the state. However, as of this writing (July 2016), its use by adults is not yet permitted. It will take approximately two years for the program to be running and fully functional. When… Read More »
Occupational Diseases and Pennsylvania Workers’ Compensation
A recent Pennsylvania Commonwealth Court case has found that a deceased firefighter was not eligible for Pennsylvania Workers’ Compensation benefits after the firefighter died from gastric cancer. In City of Williamsport v. Workers’ Compensation Appeal Board the Fatal Claim Petition, filed by the Decedent’s wife, alleged that Decedent’s death from gastric cancer in October… Read More »
I Have Been Served with a Termination, Suspension and/or Modification Petition in my Pennsylvania Workers’ Compensation Case. What’s Next?
Help! My employer has filed Termination, Suspension and Modification Petitions against me. Now what? There are several ways your benefits can be stopped by the insurance company. Your benefits can be modified (reduced) or suspended (stopped but allowing ongoing treatment) or terminated. Often, an insurance company will file all three! A favorite tactic of… Read More »
What is a Mediation in Pennsylvania Workers’ Compensation?
If you have an open workers’ compensation case in Pennsylvania there’s a strong chance that at some point you may have to appear in front of a Workers’ Compensation Judge, especially if you have a serious injury that may prevent you from returning to your pre-injury job. If you have an accepted workers’ compensation… Read More »
Organizing Temporary Employees Under the National Labor Relations Act
With the prevalence of temporary employment agencies and temporary workers in the workforce, it has been difficult for Unions to organize temporary workers who enter a previously organized workplace. In Oakwood Care Center, 343 NLRB 659 (2004) the National Labor Relations Board (NLRB) ruled that bargaining units that combine employees who are solely employed… Read More »
Who is Covered under the Pennsylvania Heart and Lung Act?
Who is Covered under the Pennsylvania Heart and Lung Act? Compensation for injuries on the job for certain enumerated occupations, generally dealing with law enforcement, are covered under the Pennsylvania Heart and Lung Act. Those occupations include: State Police Liquor Control Board Enforcement Officers Liquor Control Board Investigators Parole Agents State Correction Employees with… Read More »